Professional Dilemma

At some point in every probation officer's career they will be faced with a serious ethical, moral or professional dilemma. I think I've had my fair share, resolved them one way or another, but I've often wondered what other officers would have done........

I remember the situation well, a routine PSR request for Crown Court, a guilty plea involving many thousands of pounds worth of stolen HGV tractor units, a person previously well known to me, remanded in custody. An easy, routine task on someone I hadn't seen for a long time and I was naturally interested to know what the story was. Pleasantries over, my first question of 'why?' was met with the characteristically disarming answer of 'I didn't do it - I'm taking the wrap for my son'. 'Oh dear' I thought. Knowing the family as I did (at various times I had supervised mother, father and son) this was completely understandable and for them culturally normal. I told him he could be looking at about four to five years, but he said that was ok - he wanted to give his son a break and he felt this was the best way he could. His son had five young children. What was I to do?

Before we get to that I suppose I should dwell on why the guy had told me in the first place. He didn't have to, he could have spun me any old story and I'd have had to decide if I bought it or not. Now I haven't done this job for as long as I have without going home at night on occasion, reflected on the days events and in particular whether I'd been told a load of old bull or not. Doing the job we do, some economy with the truth is to be expected and I'm sure our friends in the police would say that in their view we can be more than a soft touch for fairy stories. But I'd known this guy for years, we had a good working relationship and respected each other - he had that old fashioned habit of always addressing me formally as 'Mr Brown' - a sure sign of his lengthy incarcerations in prison. He wasn't exactly a career criminal, but shall we say his cultural background and offending went hand in hand somewhat. He had paid me the huge compliment of telling me the truth because he respected me and in probation that's exactly what we aim for.

So, what did I do? I colluded. I felt I had no choice, but I was very uneasy indeed in being party to misleading a Court and I made that clear to the guy. Of course I could have ended the interview there and then and reported back to the Judge what had been said; that in effect the guilty plea was not safe and that I could hardly write a report if the guy said he hadn't done it. What would have happened? A telephone call from his barrister to say that I must have misunderstood his client and a gentle reminder that there were full admission statements in the CPS bundle; at an adjournment hearing, when questioned by a very grumpy Judge, the defendant would have confirmed the barristers view that the probation officer must be getting hard of hearing. The said PO would have looked extremely stupid indeed when ordered to 'go away and interview the man again'. 

He got four years.